GULAB BAI Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) M.A.C. No.72/2008 preferred by the claimants and M.A.C. No. 1317/2008 preferred by the owner against the award dated 28-9- 2007 passed by 1st Additional Motor Accident Claims Tribubal, Surajpur distt. Sarguja in Claim Case No. 111/2006 are being disposed by this common order as both the appeals arise out of the same award.

(2.) FACTS of the case in brief are that on 16-5-2006, Mahendra Rajwade (since deceased) was going on his bicycle from village Karuvan towards Bishrampur. At about 4.30 p.m. a jeep bearing registration No. CG 15/3600 being driven by Sahadat Ali, owned by Rajkumar Prajapati dashed the bicycle near Chhattisgarh Dhaba, Kuruvan turn, as a result of which, Mahendra Rajwade sustained grievous injuries and died during treatment. The claimants being legal heirs of the deceased, preferred a claim petition under Secton 166 of the Motor Vehicles Act, 1988 claiming Rs. 30,40,000/- as compensation for the death of the deceased.

(3.) FURTHER in respect of the owner's appeal, we have perused the conditions of the policy. Relevant part of the policy reads thus - "Persons or class of persons entitled to drive" Any person including the insured provided that the person driving holds an effective and valid driving licence to drive a category of vehicle insured hereunder at the time of accident and is not disqualified from holding or obtaining such a licence. Provided also that a person holding an effective valid learner's licence to drive the category of vehicle insured hereunder may also drive the vehicle when not used for transport of passengers at the time of accident and that the person satisfies the requirements of Rule 3 of Motor Vehicles Act, 1989."